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Trade Law (trade + law)

Distribution by Scientific Domains

Law and Criminology	50%
Business, Economics, Finance and Accounting	50%

Selected Abstracts

Should reciprocity be a part of the UNCITRAL Model Cross-Border Insolvency Law?

INTERNATIONAL INSOLVENCY REVIEW, Issue 3 2007
Keith D. Yamauchi
In 1997, the United Nations Commission on International Trade Law adopted a Model Law on Cross Border Insolvency. Since then, many countries have passed it or a revised version of it. In many cases, the adopting country wrestled with the issue of whether to include a reciprocity provision in its version. Some have included such a provision, others have not. The inclusion of a reciprocity provision is not consistent. This article discusses the concept and argues that a reciprocity provision could be detrimental to the operation of the Model Law and prejudicial to the parties; especially those in the country whose legislation includes such a provision. Copyright © 2007 John Wiley & Sons, Ltd. [source]

Negotiating Globalization: Global Scripts and Intermediation in the Construction of Asian Insolvency Regimes

LAW & SOCIAL INQUIRY, Issue 3 2006
Bruce G. Carruthers
This article draws from a larger research project on the globalization of bankruptcy law that includes (1) a time-series analysis of all bankruptcy reforms worldwide from 1973 to 1998; (2) participation observation, several hundred interviews and documentary analysis of international financial institutions (IMF, World Bank, Asian Development Bank, European Bank for Reconstruction and Development), international professional associations (International Bar Association, International Federation of Insolvency Practitioners), and world governance organizations (OECD, U.N. Commission on International Trade Law); and (3) case studies of Indonesia, Korea, and China. The globalization of law is a negotiated process. Our research on international organizations and case studies of China, Indonesia, and South Korea indicates that negotiation of the global/local relationship varies by the vulnerability of a country to global forces. Nation-states vary (1) in their balance of power vis-à-vis global actors; and (2) in their social and cultural distance from the global. Yet even where the global/local gap is wide and the asymmetry of power is pronounced, local responses to global pressures are negotiated as much as imposed. Negotiating globalization relies on direct and mediated interactions by several types of intermediaries who translate global scripts into four kinds of outcomes. The impact of intermediaries in this process varies by the phase of the reform in which they participate. Finally, globalizing law proceeds through recursive cycles of lawmaking and law implementation. [source]

The Origins of the ,Nonmarket Economy': Ideas, Pluralism & Power in EC Anti-dumping Law about China

EUROPEAN LAW JOURNAL, Issue 4 2001
Francis Snyder
,Market' and ,market economy' exercise a powerful, even magnetic grip on our collective imagination. But what do we mean by ,market economy'? Does it make sense to speak of a ,nonmarket economy', and if so, what does it mean? How are the ideas of ,market economy' and ,nonmarket economy' related? Focusing on EC anti-dumping law, this article seeks to answer these questions. It argues that the legal concept of ,nonmarket economy' in EC anti-dumping law has been socially constructed, by means of relations among a plurality of institutional and normative sites, as part of a changing configuration of legal ideas in specific historical circumstances, and in contexts of political, economic, social, and symbolic power. This argument is articulated in three parts. First, the concept of ,nonmarket economy' in EC anti-dumping law, though drawing on earlier elements, had its main roots in the early Cold War. Second, starting in the 1960s, the GATT multilateral negotiating rounds began to define more specific international rules of the game, but a variety of more localised processes played essential roles as forces of change. Of special importance were, first, the tension between legislative rules and administrative discretion in the United States, and, second, the Europeanisation of foreign trade law in the course of European integration. Third, the EC law concept of ,nonmarket economy' was born in the late 1970s. The main reasons were changes in the international anti-dumping law repertoire, specific ideas in Europe about comparative economic systems, and the perceived emergence of new economic threats, including exports from China. [source]

Does NAFTA (North American Free Trade Agreement) Chapter 19 make a difference?

CONTEMPORARY ECONOMIC POLICY, Issue 2 2000
Dispute settlement, the incentive structure of U.S./Canada unfair trade petitions
NAFTA Chapter 19 sets up bilateral review panels to replace the domestic judicial appeals process of resolving disputes among NAFTA members over the enforcement of unfair trade laws. In principle, such panels can change the incentive structure of filing unfair trade law petitions by reducing the likelihood of an affirmative finding of injurious unfair trade. Using data from U.S. and Canadian unfair trade petition filings, empirical tests show support for this hypothesis. However, a more comprehensive settlement of conflicts will require progressive legal integration, including an extension of national treatment measures to alleged "unfair trade" that is not currently envisaged under the NAFTA. [source]